Ali (Migration)

This matter concerned an application for a Subclass 155 (Five Year Resident Return) visa by a person who was outside Australia at the time of application. The primary dispute revolved around whether the applicant met the criteria for the visa, specifically concerning their ties to Australia. The decision was made by Karen Synon, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant satisfied any of the four alternative requirements set out in cl.155.212 of the Migration Regulations 1994. It was not in contention that the applicant did not meet the requirement of having been lawfully present in Australia for at least two years in the five years preceding the application. Therefore, the central question was whether the applicant possessed substantial business, cultural, employment, or personal ties with Australia that were of benefit to Australia, as required by cl.155.212(3) when the applicant is outside Australia.

The Tribunal considered departmental policy, which indicated that close family members residing in Australia who are Australian permanent residents or citizens could constitute substantial personal ties of benefit to Australia. While the applicant's ties to their home country had weakened, the Tribunal found that the applicant's specific circumstances warranted further consideration under cl.155.212(3). The Tribunal concluded that the applicant met this criterion and remitted the application for reconsideration by the Minister.